Bill giving some child sex abuse victims more time to sue passes Louisiana House

Louisiana House Bill 492

Title: Bill giving some child sex abuse victims more time to sue passes Louisiana House

Author: Ramon Antonio Vargas

Publisher: NOLA.Com

Date: 11MAY2021

Bill was championed by a coalition of mostly Catholic clerical molestation victims.

The Louisiana House on Tuesday unanimously passed a bill that would give victims of child molestation who are not yet 28 years old significantly more to time to pursue civil court damages.

House Bill 492, whose lead sponsor was Rep. Jason Hughes, D-New Orleans, now heads to the state Senate for a committee hearing and then — if approved there — for consideration by the full chamber. If eventually ratified in its current form, the bill would give child sex abuse survivors until their 53rd birthday to file lawsuits regarding their abuse.

Current law gives victims only until their 28th birthday to initiate litigation.

The proposed legislation, as written, would not change things in the civil courts for victims of child molestation who have already reached their 28th birthday, though they have until they turn 48 to press criminal charges.

That’s because, to avoid opposition from the insurance lobby, Hughes said he dropped language that would have made the proposed law retroactive while also opening a two-year window where all unresolved child molestation claims — no matter how old — could be pursued in civil court. Other states have adopted such “lookback windows.”

Nonetheless, the 102-0 vote in the House represents a victory for the coalition who championed it, largely comprised of people who were sexually abused by Catholic clergymen.

“This bill may may not help many victims and survivors in its current form, but it elevates the conversation and may create opportunities to go further in the future, and I’m committed to doing just that,” Hughes said Tuesday.